Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1887-06-03
THE INTER COMMERCE.
COMMiSStON.

HE Interstate oiHileite t"tbhiiS-
ZION through il. chairman, has recently
stated its views Of the fourth section Of
the Interstate Commerce Law, 50 far
a. lis own powers are concerned. The
language is a. follows
!, 1T obvious that the cHses The
law eontemplates 10 which the Cou-
mission is authorized to make orders
for suspension. are exeepilonal cases;
that il to .ay cases whose facts make
them stand apart from the ordinary
eases The act does not define them, II
DOES not state the grounds that shall
warrant relief: but It pliluiy intends
mat these grounds, il every ease, shalt
Le speriaI aud peculiar, and that where
only general reasons operate, the general
law snail be left to its Ordinary c7utss,
Io Hever serious may be the consequent
,.s Ia particular cases, aud 70 particular
roads aud interests
1t is sbo made PLAN By the act
'hat any order for suspension was m
+ nicd 10 De based upon Investigation
tulth should satisfy the Commission
1T t5r rlse wis, ~ fact exceptional,
aud fnrly WITHIN the intent # the pro-
SION nsde fui r.nef The jurisdiction
a. Toe mission to axe orders was
,,.icatt meant to be somo what closely
ct,d rhe Commission, ia its
rrspnu leuce and otherwise, II every
Ny wade aware Of the prevalence III
,une quarters II a vague NOTION that
Iasrrh,- been conferred upon II 70 iu-
teri,re anywhere aLd tor any reasons
Sslsiartor, To itself 10 order to prevent
what ii may think is likely to be harm
tul, but YOU, Of course, indulge no such
basel = fiction The Commission, as
YOU vii! agree, must tiui it, authority
IN the law and not in ITS own rieas Of
rCat ~ poicy
3 at must be assumed that Congress
intended the general law. ~ Us nam
features, ~ ica,t to be a permanent law
iar the country Il must, therefore,
have contemplated fla It considerable sac
lihccs would necessarily be admitted to
l.y Stone paItlrs aud some Interests, while
tue gcucr, Inv Vas being established
tor the very OBVIOUS reason that il would
hc qulle lnposelhle to introduce ceusid-
,fable changes ~ branch Of the law
which concerns 80 intimately the eom.
merce Of the country. without serious
consequences TO some private interests
In all such cases the incidental injuries.
however great they may be, are nucessa
nly borne for Tie general good; aud ii
Ire legislature misludges as 70 what the
General good demands. it is to be ex
'ctcd that III due time it will provide
tne remedy"
This we regard as a very clear and
correct alta emcnt of wat Congress in
tended in tie long and short haul pro
VISION contained in the fourth section of
the law The design vas to enact
Law that should be applicable to all coul-
mon carriers coming within its terms -
hc power g.ven to the Commission TO
iu.pU..l tue operation Of this section re-
r,tcs only 10 special cases" and this
power is 10 be exercised only after in
vc,iigation Tins investigation must
show that given case under considera-
ton is special one. before there can be
any suspension of the section.
Our difficulty with the action of thc
Commission in respect to the system Of
Southern railroads consists in the sus-
pension for 80 dafs upon merely er-
aortt statements, and in then proceeding
to investigate the question whether the
eases were special We find no au
,iori'y in the law for any such proceed
iug, aud are glad that the Commission
has now made statement that corrcc IL
achucs It's powers We are by no means
lca yers in tho wisdom of the fourth
section Of fhis law. vet. whether it be
wise or unw;se, We believe in oonstru-
ing IT correctly and then enforcing i, as
II rrads leaving to congress the duty OF
furnishing amy needed remedy